Deception

Question 1

Section act and elements for dishonestly taking a document

Answer 1

s228(1)(a) crimes act 1961

Dishonesty 
Without claim of right 
Takes OR obtains 
Any document 
With intent to obtain any: property OR service OR pecuniary advantage OR valuable consideration.

Question 2

Section act and elements for dishonestly uses a document

Answer 2

228(1)(b) crimes act 1961

Dishonestly 
Without claim of right 
Uses OR attempts to use 
Any document 
With intent to obtain any: property OR service OR pecuniary advantage OR valuable consideration

Question 3

Section act liability for causes loss by deception

Answer 3

s240(1)(d) CA 1961

By any deception

Without claim of right

Causes loss to any other person

Question 4

Obtains definition

Answer 4

To obtain or retain for himself or for any other person

Question 5

Property definition

Answer 5

As per s2 CA 1961

Any real and personal property, and any estate or interest in any estate or personal property

Question 6

Service definition

Answer 6

As per R v Cara

Service is limited to financial or economic value, and excludes privileges or benefits

Question 7

Pecuniary advantage definition

Answer 7

As per R v Hayes

Anything that enhances the accused financial position

It is the enhancement that constitutes the element of advantage

Question 8

Valuable consideration definition

Answer 8

As per R v Hayes

Anything capable of being valuable consideration, in short money or money’s worth

Question 9

Dishonesty definition

Answer 9

As per CA

in relation to any act or I mission, means done or omitted without a belief that there was express or implied consent or authority for, from a person entitled to give such consent or authority

Question 10

Claim of right definition

Answer 10

As per CA

means a belief at the time of the act in a proprietary or possessory right to the property

Question 11

Take or obtains definition

Answer 11

For tangible property theft is committed by taking when the offender moves the property or cause it to be moved

Question 12

Uses or attempts to use definition

Answer 12

As per R v Hayes

An unsuccessful use of a document is as much use as a successful one

The intimate obtaining of a pecuniary advantage is not a necessary ingredient of the offence

Question 13

Documents definition

Answer 13

Any paper or other material for writing or printing

Any photograph

Any disc tape or wire

Any material by means of which information is supplied

Any material derived from information recorded or stored

Question 14

R v Misic

Answer 14

Essentially a document is a thing which provides evidence or information or serves as a record

Question 15

Deception definition

Answer 15

A false representation (oral, conduct, or documentary) with intent to deceive any person (knowing to be be false or being reckless as to it being false)

An omission to decieve any person

A fraudulent device trick or stratagem to decieve any person

Question 16

What does the crown need to prove for deception)

Answer 16

That there was an intent to decieve

That there was a representation by the defendant

That the representation was false ( either known to be false or reckless as to whether it was false)

Question 17

R v Morley

Answer 17

An intention to decieve requires that the deception is practiced in order to decieve the affected party.

Purposeful intent must exist at the time of the deception

Question 18

Knowledge definition

Answer 18

As per Simester and Brookbanks

Knowing means knowing something or correctly believing. That defendant may believe something wrongly, but cannot know something that is false.

Question 19

Cameron v R

Answer 19

Recklessness is established if:

The defendant recognised that there was a real possibility that
- their actions would bring about the proscribed result
- the proscribed circumstances exist
Having regard to that risk, those actions were unreasonable

Question 20

R v Tipple

Answer 20

Offender know of or has a concious appreciation of the relevant risk, and makes a deliberate decision to run the risk

Question 21

R v Cox

Answer 21

Possession in loves two elements

Physical: actual or potential physical control or custody
Mental: knowledge and intent of possession